Are There Changes in Kentucky Law Regarding Bond?

YES, HB 463, which has now been codified in KRS 431.066, has significantly changed the way Judges in Kentucky should evaluate the bond for individuals charged with a crime. The new bond should allow most inmates to be eligible for an OR (own recognizance) bond.

Once an individual is arrested, pretrial release officers conduct interviews with defendants to assess their criminal history, if they are a threat to public safety or a high-flight risk, among other things.

Additionally, if a Defendant is incarcerated pretrial may be in jail for days or weeks and then, when the issue is resolved, will be given credit for time served and be released from jail. Meanwhile, taxpayers are responsible for the incarceration costs.

Based on this information, pretrial officers then give assessment risks — either low, moderate or high — to judges, so they can set bond. Those considered low risk are entitled to unsecured bonds, signing a document stating they will return to court, and can be released on their own recognizance. Judges may also put limited conditions in place such as electronic monitoring.

People labeled moderate risk are also to be released on an unsecured bond or on their own recognizance with limited conditions. Judges can set monetary or property bond and conditions for people deemed high risk.

Defendants accused of domestic violence, sexual offenses or offenses involving firearms will face monetary bonds. Judges may also set a monetary or property bond for low- and moderate-risk individuals if they put it in writing and give their reasoning, he said. Valid reasons include a judge determining an individual is a high-flight risk or a danger to another person.

Those assessed for cash bonds will also be given bond credit. For each day served in jail, $100 will be applied toward bond credit. So, if someone had a $500 bond, they can earn enough credit in five days to be released, he said. People serving time for unpaid fines will also earn a $50 a day credit for time served behind bars.

The new laws should have a great impact on pretrial release in Kentucky. If you have been charged and have questions about your bond, you shoudl call pretrial in the county. if you want to consult with a criminal defense attorney, call 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com.

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9 Responses to Are There Changes in Kentucky Law Regarding Bond?

  1. sandra young says:

    My fiance has been in the BCDC since January 27,2013 over he missed a court date over a returned check, and we have not been able to pay it. The check was $50 which has now turned into $428 does he get a $50 credit everyday or does this have to be pay n release. Getting diferent info from different people.
    Thanks,
    Sandy

  2. mbouldin says:

    You get $50 credit/day towards bond, not towards restitution. It is likely a pay and release type of hold. You can call the county clerk to ask if he is released if he pays.

  3. mbouldin says:

    See KRS 431.066 431.066(5) for information on jail bond credit.

  4. lillie bailey says:

    I revoked my Daughters bond on the day she was to appear in court. I now have a letter to appear in court to determine if I should be held liable. If I revoked the bond, why would I be liable.?

  5. Michael Bouldin says:

    I would doubt that you would. That said, whenever a defendant’s release on bail is revoked, the courts hold a hearing to determine if the bond should be revoked as well. If she appeared and you said to revoke it and wanted your money back b/c she was violating some terms of release, it is very likely that the judge will return your bail money to you. Best wishes.

  6. holly says:

    Does the $100 a day apply to all bonds? so if you had a 50,000 bond you would get out in 500 days or in 50 days for a $5,000 bond?

  7. holly says:

    So what if you got out on a mcr bond but lived two hours away from the county you were on bond from? and after a couple of months of traveling twice a week to comply with bond conditions you had to quit going due to transportation issues. then two years later you are picked up on a warrant from that county were you failed to comply with first bond conditions. what likely will be the bond they set now?

  8. Michael Bouldin says:

    If you turn yourself in, they will give you new conditions. If they pick you up it will either be a high cash bond or no bond (they may deem you a flight risk).

  9. Michael Bouldin says:

    $100/day credit applies to all bonds with exceptions: notably, if the court finds that the person is a “”danger to community” or a “flight risk” the $100/day credit does not apply See statute at: http://www.lrc.ky.gov/statutes/statute.aspx?id=40904 .

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